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september 2014

Supreme Court of India · 2014-09-03

M/S.Rohini Traders vs M/S.J.K.Lakshmi Cement Ltd

Court
Supreme Court of India
Petitioner
M/S.Rohini Traders
Respondent
M/S.J.K.Lakshmi Cement Ltd
Author
R.K. Agrawal
Bench
R.K. Agrawal, Ranjan Gogoi

Judgment text excerpt

The Supreme Court upheld the High Court's decision to restore the suit for trial afresh, emphasizing the importance of compliance with Order XII Rule 8 of the Code of Civil Procedure, 1908. The Court noted that the trial court's adverse inference due to the respondent's failure to produce requested documents was justified, but the High Court's order for further trial was necessary to ensure justice. The Court clarified that the restoration of the suit allows for a complete examination of the evidence and claims made by both parties.

M/S.Rohini Traders vs M/S.J.K.Lakshmi Cement Ltd · Niyam